Research On The Suitability Of Fire Accident Determination In My Country

Fire determination,as a crucial part in fire investigation,plays a significant role in clarifying fire causes and defining responsibilities of parties concerned.However,drawbacks in the prescription of the scope of administrative lawsuits by laws in force in China and vagueness of fire laws and regulations result in disagreement with the recognition of indictability of fire determination by courts.Even the cases are under investigation and examination,divergence is generated by different courts,which not only harms authority of laws but hinders the ruling by law and construction of socialist legal country.As such,this thesis is to discuss the indictability of fire determination and analyze how judicial review intervenes based on theoretical indictabilityThis thesis consists of four chapters.Chapter one generalizes fire determination.Followed by the concept of fire investigation,a special focus is given to the concept,scope and function of fire determination to define the determination as that of fire causes,but that of responsibility.The latter study is performed based on these concepts.Chapter two probes indictability of fire determination.By means of proving indictability,this first section reviews the relevant regulations and laws synchronically and concludes that there exists no theoretical basis of unindictability of fire accident determination.In the second section,indictability of fire determination,by nature,is categorized into administrative determination.The third section,in terms of Doctrine of Ripeness,analyzes substantial affect on the person concerned by fire determination.The fourth section comes to conclusion that fire determination is indictable theoretically given the status quo of fire causes determination.Chapter three is the research on judicial reviews on fire determination.Based on five standard elements of legitimate administrative action,i.e.qualified subjects,requirement-meeting,valid evidence,procedure justness and properly handled,this chapter discusses by what approach and to what degree judicial power may intervene fire determination.Owing to the high professional of fire determination,the reviews by courts are formal-biased,and show respect to entity.Chapter four offers some suggestions on the legislation of fire causes determination.Considering the status quo of fire causes determination,an idea of making new laws is put forward with which a new system of fire causes investigation is constructed,and the completion and expansion of the system of law on fire determination are expected.Finally,three pieces of suggestion on revising the law in force are listed,i.e.restitution of fire responsibility recognition,addition of administrative reconsideration and clarifying indictability of fire determination and making laws on the fire deparrtment's duty of reason-giving.